MS. P XXX Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the order dtd. 25/9/2018 as passed by the High Court of Uttarakhand at Nainital in Criminal Revision Petition No. 42 of 2018 whereby, the High Court declined to interfere with the order dtd. 28/10/2017, as passed by the Sessions Judge, Chamoli in Sessions Trial No. 8 of 2017, discharging the accused-respondent No. 2 of the offence under Sec. 376 of the Indian Penal Code, 1860('IPC', for short.) on the ground of lack of territorial jurisdiction with liberty to the prosecution to proceed against the accused in the appropriate Court while also directing transfer of the case in relation to the other offences under Ss. 504 and 506 IPC to the Court of Judicial Magistrate First Class, Gairsain, District Chamoli.

(3.) The relevant background aspects and factual matrix of the case are not of much complications, but the operation of law, with regard to territorial jurisdiction for the offence pertaining to Sec. 376 IPC and segregation of charges, calls for examination in this appeal with reference to the question as to whether the said offence under Sec. 376 IPC and the other offences under Ss. 504 and 506 IPC fall within the ambit of 'one series of acts so connected together as to form the same transaction ' for the purpose of trial together in terms of Sec. 220 of the Code of Criminal Procedure, 1973('CrPC', for short.)